Part 9
Supplementary Floodplain Management Regulations
§27-901 General Provisions.
1. Intent. The intent of this provision is to:
A. Promote the general health, welfare, and safety of the community.
B. Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
C. Minimize danger to public health by protecting water supply and natural drainage.
D. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
E. Comply with Federal and State floodplain management requirements.
2. Applicability.
A. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Township unless a permit has been obtained from the Zoning Officer.
B. A zoning permit application, with additional data and documentation identified in §27-1503.12, shall be submitted to the Zoning Officer for any activity in a floodplain. [Ord. 2013-01]
3. Abrogation and Greater Restrictions. This Part supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this Part, the more restrictive shall apply.
4. Severability. If any Section, subsection, paragraph, sentence, clause, or phrase of this Part shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the Part, which shall remain in full force and effect, and for this purpose the provisions of this Part are hereby declared to be severable.
5. Warning and Disclaimer of Liability.
A. The degree of flood protection sought by the provisions of this Part is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Part does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages.
B. This Part shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this Part or any administrative decision lawfully made thereunder.
(Ord. 3/13/1995, Article 6; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2013-01, 6/10/2013; and by Ord. 2016-02, 5/9/2016, §1)
§27-902 Identification of Floodplain Areas.
1. Identification. The identified floodplain area shall be any areas of the Township of Wolf, classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated June 2, 2016, and issued by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
The FIS and FIRMs referenced above, and any subsequent revisions and amendments are hereby adopted by the Township of Wolf and declared to be included in this Part.
2. Description of Floodplain Areas. The identified floodplain area shall consist of the following specific areas:
A. The floodway area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than 1 foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those Special Flood Hazard Areas where no floodway has been identified in the FIS and FIRM.
B. The AE Area/Flood Fringe District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(1) The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
C. The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other Federal, State, or other acceptable sources shall be used when available.
In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers, or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
3. Changes in Identification of Area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than 6 months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data. See §27-903 for situations where FEMA notification is required. [Ord. 2013-01]
4. Boundary Disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Zoning Officer. Any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
5. Jurisdictional Boundary Changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.
(Ord. 3/13/1995, Article 6; as amended by Ord. 2004-1, 3/8/2004; by Ord. 2013-01, 6/10/2013; and by Ord. 2016-02, 5/9/2016, §1)
§27-903 Flood Damage Control Provisions.
1. Alteration or Relocation of Watercourse.
A. No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities that may be affected by such action have been notified by the Township, and until all required permits or approvals have been first obtained from the Department of Environmental Protection’s Regional Office.
B. No encroachment, alteration or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood carrying capacity of the watercourse in any way.
C. In addition, FEMA and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
D. Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this Part and any other applicable codes, ordinances and regulations.
2. Submission of Technical or Scientific Data. Technical or scientific data is a community responsibility that requires processing Letters of Map Change in the following instances:
A. Any development occurring in Zone AE without a designated floodway, which will cause a rise of more than 1 foot in the base flood elevation; or
B. Alteration or relocation of a stream (including but not limited to installing culverts and bridges).
C. The applicant shall:
(1) Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
(2) Upon receipt of conditional approval of map change and prior to approving the proposed encroachments, an applicant shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
(3) Upon completion of the proposed encroachments, an applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR 67.
3. Special Requirements for FW, AE, and A Areas.
A. With any FW (floodway area), the following provisions apply:
(1) Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2) No new construction or development shall be allowed unless a permit is obtained from the Department of Environmental Protection’s Regional Office.
B. Within any AE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than 1 foot at any point.
C. Within any AE (Special Floodplain Area) or A (General Floodplain Area), the following provisions apply:
(1) No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse unless a permit is obtained from the Department of Environmental Protection’s Regional Office.
(2) No new construction, development, use, activity or encroachment shall be allowed that would cause any increase in flood heights.
4. Elevation and Floodproofing Requirements.
A. Residential Structures.
(1) In AE Zone, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
(2) In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with §27-902.2.C of this Part.
(3) The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa.Code (Chapters 401 through 405 as amended) shall be utilized, where they are more restrictive.
B. Nonresidential Structures.
(1) In AE Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(a) Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water, and
(b) Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(2) In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with §27-902.2.C of this Part.
(3) Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the WI or W2 space classification standards contained in the publication entitled “Flood-Proofing Regulations” published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
(4) The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa.Code (Chapters 401 through 405 as amended) shall be utilized, where they are more restrictive.
C. Space Below the Lowest Floor.
(1) Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term “fully enclosed space” also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a) A minimum of 2 openings having a net total area of not less than 1 square inch for every square foot of enclosed space.
(b) The bottom of all openings shall be no higher than 1 foot above grade.
(c) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
D. Accessory Structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
(1) The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
(2) Floor area shall not exceed 200 square feet.
(3) The structure will have a low damage potential.
(4) The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
(5) Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
(6) Permanently affixed utility equipment and appliances, such as furnaces, heaters, washers, dryers, etc., are prohibited.
(7) Sanitary facilities are prohibited.
(8) The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
(a) A minimum of 2 openings having a net total area of not less than 1 square inch for every square foot of enclosed space.
(b) The bottom of all openings shall be no higher than 1 foot above grade.
(c) Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
E. Historic Structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this Part must comply with all Code requirements that do not preclude the structure’s continued designation as a historic structure. Documentation that a specific Code requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from Code requirements will be the minimum necessary to preserve the historic character and design of the structure.
5. Design and Construction Standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
A. Fill. If fill is used, it shall:
(1) Extend laterally at least 15 feet beyond the building line from all points.
(2) Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
(3) Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
(4) Be no steeper than 1 vertical to 2 horizontal feet unless substantiated data justifying steeper slopes are submitted to and approved by the Zoning Officer.
(5) Be used to the extent to which it does not adversely affect adjacent properties.
B. Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
C. Water and Sanitary Sewer Facilities and Systems.
(1) All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(2) Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(3) No part of any on-site waste disposal system shall be located within any identified floodplain area except in strict compliance with all State and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(4) The design and construction provisions of the UCC and FEMA #348, “Protecting Building Utilities from Flood Damage” and “The International Private Sewage Disposal Code” shall be utilized.
D. Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
E. Streets. The finished elevation of all new streets shall be no more than 1 foot below the regulatory flood elevation.
F. Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in §27-903.6, “Development Which May Endanger Human Life,” shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
G. Placement of Buildings and Structures. Review permits to ensure all buildings and structures are designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
H. Anchoring.
(1) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(2) All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
I. Floors, Walls and Ceilings.
(1) Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(2) Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(4) Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
J. Paints and Adhesives.
(1) Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(2) Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(3) All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
K. Electrical Components.
(1) Electrical distribution panels shall be at least 3 feet above the base flood elevation.
(2) Separate electrical circuits shall serve lower levels and shall be dropped from above.
L. Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
M. Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
N. Uniform Construction Code Coordination. The Standards and Specifications contained in 34 Pa.Code (Chapters 401 through 405), as amended and not limited to the following provisions, shall apply to the above and other sections and subsections of this Part, to the extent that they are more restrictive and supplement the requirements of this Part.
International Building Code (IBC) 2009 or the latest edition thereof:
Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
International Residential Building Code (IRC) 2009 or the latest edition thereof:
Secs. R104, R105, R109, R322, Appendix E and Appendix J.
O. If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(1) All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(2) All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;
(3) Adequate drainage is provided so as to reduce exposure to flood hazards;
(4) Structures will be anchored to prevent flotation, collapse, or lateral movement;
(5) Building materials are flood-resistant;
(6) Appropriate practices that minimize flood damage have been used;
(7) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation; and
(8) The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988; the elevation of the base flood; and detailed information concerning any proposed floodproofing measures and corresponding elevations.
6. Development Which May Endanger Human Life.
A. In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which:
(1) Will be used for the production or storage of any of the following dangerous materials or substances; or
(2) Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or
(3) Will involve the production, storage, or use of any amount of radioactive substances;
(4) Shall be subject to the provisions of this Section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(a) Acetone
(b) Ammonia
(c) Benzene
(d) Calcium carbide
(e) Carbon disulfide
(f) Celluloid
(g) Chlorine
(h) Hydrochloric acid
(i) Hydrocyanic acid
(j) Magnesium
(k) Nitric acid and oxides of nitrogen
(l) Petroleum products (gasoline, fuel oil, etc.)
(m) Phosphorus
(n) Potassium
(o) Sodium
(p) Sulphur and sulphur products
(q) Pesticides (including insecticides, fungicides, and rodenticides)
(r) Radioactive substances, insofar as such substances are not otherwise regulated.
B. Within any identified floodplain area, any new or substantially improved structure of the kind described in subsection .6.A, above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
C. Within any floodway area, any structure of the kind described in subsection .6.A, above, shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in §27-903.6.A above, shall be elevated to remain completely dry up to at least 1½ feet above base flood elevation and built in accordance with §§27-903.1, 27-903.4 and 27-903.5.
D. Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in subsection .6.A, above, shall be built in accordance with §§27-903.1, 27-903.4 and 27-903.5 including:
(1) Elevated or designed and constructed to remain completely dry up to at least 1½ feet above base flood elevation.
(2) Designed to prevent pollution from the structure or activity during the course of a base flood. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication “Floodproofing Regulations” (U.S. Army Corps of Engineers, June 1972 as amended March 1992) or with some other equivalent watertight standard.
7. Special Requirements for Manufactured Homes. Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall be:
A. Placed on a permanent foundation.
B. Elevated so that the bottom of the lowest floor of the manufactured home is at least 1½ feet above the base flood elevation.
C. Anchored to resist flotation, collapse, or lateral movement.
D. Installation of manufactured homes shall be done in accordance with the manufacturers’ installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 “International Residential Building Code” or the “U. S. Department of Housing and Urban Development’s Permanent Foundations for Manufactured Housing,” 1984 Edition, draft or latest revision thereto and 34 Pa.Code Chapters 401 through 405 shall apply.
E. Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto and 34 Pa.Code, as amended where appropriate and/or applicable to units where the manufacturers’ standards for anchoring cannot be provided or were not established for the proposed unit(s) installation.
8. Special Requirements for Subdivisions and Development. All subdivision proposals and development proposals containing at least 50 lots or at least 5 acres, whichever is the lesser, in any identified floodplain areas where base flood elevation data are not available shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a Conditional Letter of Map Revision and Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
9. Special Requirements for Recreational Vehicles. Recreational vehicles in Zones A and AE must either:
A. Be on the site for fewer than 180 consecutive days, and
B. Be fully licensed and ready for highway use, or
C. Meet the permit requirements for manufactured homes in §27-903.7.
(Ord. 3/13/1995, Article 6; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2016-02, 5/9/2016, §1)
§27-904 Existing Structures in Identified Floodplain Areas.
1. Existing Structures. The provisions of this Part do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of subsection .2 shall apply.
2. Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
A. No expansion or enlargement of an existing structure shall be allowed within any floodway area that would cause any increase in BFE.
B. No expansion or enlargement of an existing structure shall be allowed within an AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than 1 foot at any point.
C. Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Part.
D. The above activity shall also address the requirements of the 34 Pa.Code, as amended, and the 2009 IBC and the 2009 IRC or the most recent version of the codes.
E. Within any floodway area/district (see §27-903), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
F. Within any AE Area/District without floodway (see §27-903), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
G. Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(Ord. 3/13/1995, Article 6; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2016-02, 5/9/2016, §1)
§27-905 Variances.
1. General. If compliance with any of the requirements of this Part would result in an exceptional hardship to a prospective builder, developer or landowner, the Township may, upon request, grant relief from the strict application of the requirements.
2. Variance Procedures and Conditions. Requests for variances shall be considered by the Township in accordance with the procedures contained in §27-1303 and the following:
A. No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100-year flood elevation.
B. No variance shall be granted for any construction, development, use or activity within any AE area that would, together with all other existing and anticipated development, increase the 100-year flood elevation more than 1 foot at any point.
C. Except for a possible modification of the 1½ foot freeboard requirement, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (§27-1503.12) or to development which may endanger human life (§27-903.6).
D. If granted, a variance shall involve only the least modification necessary to provide relief.
E. In granting any variance, the Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this Part.
F. Whenever a variance is granted, the Township shall notify the applicant in writing that:
(1) The granting of the variance may result in increased premium rates for flood insurance.
(2) Such variances may increase the risks to life and property.
G. In reviewing any request for a variance, the Township shall consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional hardship to the applicant.
(3) That the granting of the variance will (a) neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, (b) nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable State or local ordinances and regulations.
H. A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.
(Ord. 3/13/1995, Article 6; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2016-02, 5/9/2016, §1)